VIC Relocating interstate

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IOU3038

Member
27 April 2018
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My ex partner left the state(Melbourne to Perth) with our children and I filed a recovery order and the children lived with me primarily whilst we were going through a series of court hearings. The final court hearing resulted in my ex becoming the primary carer and myself to have weekends, but the children could not leave the state(VIC) without the remaining parents written consent.

Change over occurs for the children to live with the other parent, their mother.

She basically forfeit the children into my care because she could not provide the care that they needed. So the children resided with me primarily and they saw her only on weekends.


As weekends went by, their mother started not showing up without notifying me. Then all of a sudden she just stops coming. It’s been a year now since she has returned for the children.

Her social media accounts suggest that she is now living in a different state with her mother. She has not contacted me, even though she knows where i currently stay and what my contact details are. I only have the number she last contacted me from as a source to find her.


Currently my children and I reside with my new partner and our son, we would really love to relocate interstate(VIC to QLD).

What do I need to do?
 

thatbloke

Well-Known Member
5 February 2018
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Have you asked her if you can do this? It should, in theory, be pretty easy. "Dear xxx we are planning to move to xxx by xxx, Is this ok with you? I will give you 21 days to reply or implied consent is assumed, youres xxx"
 
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sammy01

Well-Known Member
27 September 2015
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2 options.
Just move... See if she applies to court as a result.
OR
apply to court for permission to move
OR
ask mum and if she agrees you can avoid the other options..
dang I said there were only 2 options, then gave 3.... thank goodness I'm not a math teacher.
 
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IOU3038

Member
27 April 2018
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UPDATE: I have written a letter asking for her consent to allow the kids and myself to relocate. She has replied with a letter providing her consent. Is that all I need? What else do I need to do?
 

AllForHer

Well-Known Member
23 July 2014
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I think that would be sufficient. If she were to contest it, she'd have to go to Court, and a letter of consent is pretty persuasive evidence that she's agreed to it.
 

thatbloke

Well-Known Member
5 February 2018
335
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You can now move
 

sammy01

Well-Known Member
27 September 2015
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NOTHING... DO NOTHING...

almost - maybe write back.
Dear ex
Thanks for confirming that you agree to the relocation.

Please let me know if there is anything else i can do... Feel free to send me an email about visits in the holidays if you would like...
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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I wouldn't poke the bear. Move.